This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
An attorney, while representing a client in a divorce proceeding, failed to attend scheduled meetings, provide notice of hearings, or communicate with the client regarding critical developments, including an interim child custody and support order. During his probation for these violations, the attorney faced additional complaints, including ineffective assistance of counsel in a criminal case and misconduct in a domestic relations case involving his brother, where he misled a court and failed to cooperate with disciplinary investigations (paras 2-9).
Procedural History
- Disciplinary Board, 1994: The attorney was placed on probation for violations of the Rules of Professional Conduct during his representation of a client in a divorce proceeding. The probation included conditions such as compliance with professional rules and cooperation with disciplinary authorities (paras 4-5).
Parties' Submissions
- Disciplinary Counsel: Alleged that the attorney violated the terms of his probation by committing further professional misconduct and failing to cooperate with disciplinary investigations. Requested revocation of probation and imposition of further discipline (paras 1, 6-10).
- Attorney (Pro Se): Entered into agreements not to contest the allegations and consented to discipline, acknowledging violations of professional conduct rules in multiple matters (paras 1, 4, 10).
Legal Issues
- Did the attorney violate the terms of his probation by committing additional professional misconduct?
- What disciplinary measures should be imposed for the attorney's violations of the Rules of Professional Conduct?
Disposition
- The attorney was formally reprimanded for violations of the Rules of Professional Conduct in the original matter.
- The attorney was suspended from the practice of law for six months, with the suspension deferred, and placed on probation for 12 months under specific conditions (paras 11-12).
Reasons
Per curiam (Baca, Ransom, Franchini, Frost, and Minzner JJ.):
The Court found that the attorney violated multiple provisions of the Rules of Professional Conduct during his original representation and subsequent probationary period. The attorney's failure to communicate with clients, attend hearings, and comply with court orders demonstrated poor judgment and inadequate case management. Additional violations, including misleading a court and failing to cooperate with disciplinary investigations, further justified disciplinary action. The Court approved the disciplinary board's recommendations, imposing a formal reprimand, deferred suspension, and probation with conditions aimed at improving the attorney's professional conduct and law office management (paras 1-13).